2019 (11) TMI 709 - HC - Income Tax

Fixation of the rate of TDS as sought by the petitioners u/s 197 - @1.5% OR 0.17% - petitioner states that against the said fixation, the petitioner had preferred a Revision under Section 264 of the Act before respondent No.2 but the same has not been decided despite being preferred on 16.05.2019 - HELD THAT - It is pointed out by the learned counsel for the petitioner that the said information has been already supplied vide letter dated 24.10.2019. In view of aforesaid, we dispose of the writ petition with direction to the Revisional authority to consider the petitioner s revision and pass a reasoned order thereon within next three weeks. We make it clear that we have not examined the merits of the petitioner s claim. Accordingly, present writ petition stands disposed of.

Summary

Issues:
1. Exemption application
2. Rate of TDS under Section 197 of the Income Tax Act

Exemption Application:
The High Court allowed the exemption application in CM APPL. 48110/2019, subject to all just exceptions. The application was disposed of. Additionally, in CM APPL. 48111/2019 and CM APPL. 48112/2019, the applications were also allowed, subject to all just exceptions.

Rate of TDS under Section 197 of the Income Tax Act:
In W.P.(C) 11702/2019, the petitioners challenged the fixation of the rate of TDS at 1.5% instead of 0.17% as requested under Section 197 of the Income Tax Act. The petitioners had filed a Revision under Section 264 of the Act before respondent No.2, which had not been decided since being filed on 16.05.2019. The respondents had requested certain information from the petitioners, which was provided on 24.10.2019. The court directed the Revisional authority to consider the petitioner's revision and issue a reasoned order within the next three weeks. It was clarified that the court had not assessed the merits of the petitioner's claim, and the writ petition was disposed of accordingly.